Should medical professionals face penalties for inaccurate reports?

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Medical Professionals Should Face Penalties for Inaccurate Reports

Medical professionals who provide court reports inconsistent with factual findings should face penalties. Such inaccuracies can indicate malicious intent, and holding the involved parties, including solicitors, financially liable for costs is seen as an effective measure to ensure accountability. The Malaysian Medical Association (MMA) has also suggested mechanisms for verifying these reports to maintain integrity in legal proceedings.
Punitive Measures for Factual Inconsistencies

A senior consultant hand and micro surgeon from Singapore, Dr. Vaikunthan Rajaratnam, has strongly advocated for punishing medical professionals when their reports deviate from established facts. He emphasized that according to Medical Council (MMC) guidelines, an expert witness's primary responsibility is to the court, not to the plaintiff or defence. Merely rejecting a false report is insufficient; punitive actions are necessary to deter such misconduct.
Solicitor Liability and Cost Penalties

Advocate and solicitor K. Siladass proposed that solicitors should be held personally liable for costs when medical reports are not based on facts but rather on the instructions of the solicitor. He argued that while referring matters to disciplinary bodies can be a lengthy process, imposing financial penalties directly impacts the solicitor, thereby encouraging more accurate and fact-based reporting. This approach aims to expedite the movement towards correct practices in legal documentation.
Committee for Report Verification

Dr. Muruga Raj Rajathurai, president of the Malaysian Medical Association (MMA), suggested forming a committee involving the MMC and other stakeholders. This committee could be tasked with verifying medical reports or establishing a dedicated pool of doctors to undertake this verification. He noted that significant discrepancies in reports, especially concerning opinions derived from examinations, often point to malicious intent, acknowledging that pressure to produce such reports can originate from lawyers and insurance companies as well as doctors.

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Should medical professionals face penalties for inaccurate reports?

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